Attorney'S Fees In Eminent Domain

39 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Romy v. Dade Cnty.
  114 So. 2d 8· Fla. 3d DCA· 1959-08-24 ·cited 26×
  In this eminent domain appeal, the court addressed two issues: whether month-to-month tenants could recover moving costs, and whether the trial court properly directed a verdict for attorney's fees. The court affirmed the denial of moving costs to non-owner tenants but reversed a
• City OF Hallandale v. Wiliam F. Chatlos
  236 So. 2d 761· Fla.· 1970-06-03 ·cited 23×
  The Florida Supreme Court resolved whether a trial court has jurisdiction to assess attorneys' fees in a condemnation proceeding dismissed by the condemnor before jury determination. The court held that under the 1963 statutory amendment, attorneys' fees are part of recoverable c
• Seminole Cnty. v. Delco OIL, Inc.
  669 So. 2d 1162· Fla. 5th DCA· 1996-03-22 ·cited 20×
  Seminole County appealed an attorney's fee award in an eminent domain case, challenging the trial court's calculation of $67,500 based on 25% of benefits obtained. The Fifth District reversed, holding that fees must be calculated using a lodestar-based approach adjusted by benefi
• Inland Waterway Dev. Co. v. City OF Jacksonville
  160 Fla. 913· Fla.· 1948-10-29 ·cited 20×
  The Florida Supreme Court rejected a mootness argument raised by a defendant in an eminent domain proceeding, holding that substantial compliance with statutory payment requirements was satisfied where the condemnor paid the jury-awarded compensation into court within the statuto
• Seminole Cnty. v. Clayton
  665 So. 2d 363· Fla. 5th DCA· 1995-12-29 ·cited 19×
  Seminole County appealed an attorney's fees award in an eminent domain action where the trial court awarded $159,261 in fees using a 'double decker' method—combining hourly fees with a 20% bonus on the difference between settlement and initial offer. The court held that this inte
• City OF Miami Beach v. Manilow
  253 So. 2d 910· Fla. 3d DCA· 1971-10-26 ·cited 18×
  The court held that the trial court did not err in awarding costs and attorney's fees in an eminent domain proceeding, finding ample basis in the record and relevant statutes.
• State v. LaBELLE Phoenix Corp.
  696 So. 2d 947· Fla. 2d DCA· 1997-07-11 ·cited 17×
  The Florida Department of Transportation appeals the award of attorney's fees in an eminent domain case, arguing the trial court applied the wrong statutory formula. The court holds that section 73.092(1), which bases fees on a percentage of benefits achieved, applies rather than
• Lovett v. The City OF Jacksonville Beach
  187 So. 2d 96· Fla. 1st DCA· 1966-06-02 ·cited 17×
  Property owner W. R. Lovett appealed a condemnation judgment awarding compensation for his reversionary fee interest in property taken by Jacksonville Beach. The court found it lacked jurisdiction to review the March 17, 1965 judgment because the appeal was untimely, and upheld t
• City OF Miami v. Culbertson
  281 So. 2d 578· Fla. 3d DCA· 1973-08-28 ·cited 14×
• Fla. Power Corp. v. Otto Wenzel
  113 So. 2d 747· Fla. 2d DCA· 1959-07-10 ·cited 14×
  Florida Power Corporation sought to condemn an easement for a transmission line and also sought the right to remove twenty "danger trees" located adjacent to the right-of-way. The court held that a utility may condemn the privilege of removing adjacent trees without condemning th
• Seminole Cnty. v. Faye R. Chandrinos
  816 So. 2d 1241· Fla. 5th DCA· 2002-05-31 ·cited 13×
  Seminole County appeals a trial court's award of expert witness fees to Zook, Moore & Associates and Morris Engineering in an eminent domain proceeding involving property taken from Upsala Presbyterian Church. The Fifth District Court of Appeal reverses and remands, finding that
• Solid Waste Auth. of Palm Beach Cnty. v. Parker
  622 So. 2d 1010· Fla. 4th DCA· 1993-05-19 ·cited 12×
  The Solid Waste Authority of Palm Beach County appeals an attorney's fee award of $1,784,750 in an eminent domain proceeding, contending the trial court erred by including contingency risk factors in calculating the fee. The appellate court reverses, holding that under Florida la
• Schick v. Fla. Dep't OF Agric. & Consumer Servs. & Doyle Conner
  586 So. 2d 452· Fla. 1st DCA· 1991-09-18 ·cited 12×
  Appellants sought attorney's fees for services rendered in a mandamus action to enforce a final inverse condemnation judgment against the Florida Department of Agriculture. The court held that attorney's fees for mandamus proceedings ancillary to condemnation actions are recovera
• JEA v. Williams
  978 So. 2d 842· Fla. 1st DCA· 2008-04-03 ·cited 10×
  In this eminent domain case, the JEA appeals the trial court's award of additional attorney's fees to landowners. The court affirmed the award, holding that the JEA's first letter constituted a binding written offer under Florida Statute § 73.092, thereby triggering the landowner
• State v. ABS Props. P'ship
  693 So. 2d 703· Fla. 2d DCA· 1997-05-21 ·cited 9×
  The Florida Department of Transportation appeals an award of attorney's fees in an eminent domain case where it voluntarily dismissed its condemnation action after the parties had reached a settlement agreement. The court reverses and remands, holding that section 73.092(2) rathe
• City OF Boynton Beach v. Janots
  929 So. 2d 1099· Fla. 4th DCA· 2006-05-03 ·cited 8×
  The court held that the first letter sent by the city attorney did not constitute a binding offer for the purpose of calculating attorney's fees under section 73.092, Florida Statutes, because it was subject to further discretionary review by the city commission.
• Rhodes v. City OF Chicago in Tr. For the USE OF Schs.
  516 F.2d 1373· 7th Cir.· 1975-04-28 ·cited 8×
  The court held that the district court properly granted summary judgment because the Uniform Relocation Assistance and Real Property Acquisition Act does not create private rights of action, and the state court provided an adequate forum for the plaintiffs' claims.
• City OF Miami Beach v. Cummings
  233 So. 2d 842· Fla. 3d DCA· 1970-04-14 ·cited 8×
  The City of Miami Beach filed successive condemnation suits against the same defendants and property after refusing to deposit jury-awarded compensation in the first suit. The court held that when a condemnor abandons a condemnation proceeding by failing to deposit court-ordered
• Zebulon Teeter, Jr. v. Dep't OF Transp.
  713 So. 2d 1090· Fla. 5th DCA· 1998-07-17 ·cited 6×
  In consolidated eminent domain appeals, property owners challenged attorney's fee awards, arguing they were entitled to fees under both subsections of Florida's eminent domain attorney's fees statute. The court affirmed the trial court's decision to award fees based solely on mon
• Seminole Cnty. v. Rollingwood Apts., Ltd.
  678 So. 2d 370· Fla. 5th DCA· 1996-06-14 ·cited 6×
  Seminole County appeals an attorney's fee award in an eminent domain case. The Fifth District Court of Appeal reverses the fee award, holding that the trial court's method of calculating fees violates the statutory requirements under Florida's eminent domain attorney's fee statut
• Dep't of Agric. & Consumer Servs. v. Schick
  580 So. 2d 648· Fla. 1st DCA· 1991-04-29 ·cited 6×
  The Department of Agriculture and Consumer Services appeals an attorney's fee award in an inverse condemnation case, challenging the trial court's application of a Rowe risk multiplier. The court reverses the fee award, holding that contingency risk multipliers cannot be applied
• State v. Beta Developers, Inc.
  554 So. 2d 555· Fla. 1st DCA· 1989-12-01 ·cited 6×
  The Florida Department of Transportation appealed an award of $165,000 in attorney's fees to property owners in an eminent domain proceeding, arguing the trial court lacked jurisdiction and abused its discretion. The appellate court affirmed the fee award, holding that the admini
• Div. OF Admin. State of Fla. Dep't OF Transp. v. Ideal Holding Co. & John R. King
  480 So. 2d 243· Fla. 4th DCA· 1985-12-31 ·cited 6×
  The State of Florida appealed an order awarding attorney's fees and costs to property owners in a condemnation proceeding under Chapter 73, Florida Statutes. The owners successfully defended against the State's condemnation action by filing a counterclaim for inverse condemnation
• Division OF Administration v. Denmark
  356 So. 2d 15· Fla. 4th DCA· 1978-01-17 ·cited 6×
  The court held that the attorney's fee awarded in an eminent domain proceeding was excessive and constituted an abuse of discretion.
• State v. BEN Hill Griffin, Inc.
  636 So. 2d 825· Fla. 2d DCA· 1994-05-04 ·cited 4×
  The Florida Department of Transportation appealed a judgment awarding attorney's fees to Ben Hill Griffin, Inc. in an eminent domain proceeding. The court reversed, holding that attorney's fees under Florida's eminent domain statute require the party to have an ownership interest
• McDERMOTT v. The City OF Clearwater
  526 So. 2d 121· Fla. 2d DCA· 1988-05-04 ·cited 4×
  An offer of judgment silent as to attorney's fees and made before dismissal of the only count permitting recovery of such fees does not entitle the accepting party to attorney's fees even if the dismissed count is later reasserted.
• Hodges v. Jacksonville Transp. Auth.
  353 So. 2d 1211· Fla. 1st DCA· 1977-12-23 ·cited 4×
  Property owners challenged an eminent domain Order of Taking by the Jacksonville Transportation Authority for a highway realignment. The court partially granted certiorari, finding violations of statutory requirements for municipal consent and failure to adequately justify reason
• Division OF Administration v. Condo. Int'l
  317 So. 2d 811· Fla. 3d DCA· 1975-07-29 ·cited 4×
  The Florida Department of Transportation appealed an award of $225,000 in attorney's fees to the condemnee's lawyer in an eminent domain case. The appellate court affirmed the award, holding that while high, it did not constitute an abuse of discretion given the case's complexity
• In re Clark's Estate. Brunstetter v. City of Miami
  187 F.2d 1003· 5th Cir.· 1951-04-03 ·cited 3×
  A landowner cannot recover attorney's fees incurred in a voluntarily dismissed eminent domain proceeding from a municipality, as Florida statutes do not provide for such recovery in this circumstance.
• Golf Course Resorts, Inc. v. Dep't OF Transp.
  816 So. 2d 236· Fla. 2d DCA· 2002-05-15 ·cited 2×
  Golf Course Resorts, Inc. and the Holloways appealed a trial court's denial of their motions to recover attorney's fees and costs in an eminent domain proceeding. The appellate court reversed, holding that interested persons who timely file defenses under Florida Statute 73.051 h
• State v. Lakepointe Assocs.
  745 So. 2d 364· Fla. 1st DCA· 1999-10-04 ·cited 2×
  This appeal concerns the proper method for calculating attorney's fees in an eminent domain case under Florida Statute § 73.092. The court held that the Department of Transportation's unsigned letter offering to purchase the landowner's property at a specified price constituted a
• State v. Knaus
  737 So. 2d 1130· Fla. 2d DCA· 1999-06-04 ·cited 2×
  The court held that the trial court erred in calculating attorney's fees by misapplying the wrong statutory subsection and in awarding expert witness fees when not necessary.
• Seminole Cnty. v. Cumberland Farms, Inc.
  688 So. 2d 372· Fla. 5th DCA· 1997-01-24 ·cited 2×
  Seminole County appealed an attorney's fee award in an eminent domain case, challenging the trial court's use of a hybrid lodestar-plus-percentage-of-benefit formula. The Florida appellate court reversed, holding that eminent domain cases require using lodestar as the basis with
• Downtown Square Assocs. v. State of Fla. Dep't OF Transp.
  648 So. 2d 1265· Fla. 4th DCA· 1995-02-01 ·cited 2×
  Downtown Square Associates appeals an attorney's fee award in an eminent domain proceeding, arguing the trial court improperly considered factors outside those specified in Florida Statute 73.092. The appellate court reverses, holding that courts in fee-setting disputes must be l
• Sw. Fla. Water Mgmt. Dist. v. Shea
  86 So. 3d 582· Fla. 2d DCA· 2012-04-27 ·cited 1×
  The court held that contesting an order of taking is not a supplemental proceeding under section 73.092(2), Florida Statutes, and thus attorney's fees cannot be awarded under that provision for such actions.
• Fla. Gas Transmission Co., LLC v. Johnson
  264 So. 3d 336· Fla. 1st DCA· 2019-02-05
  In an eminent domain proceeding, the trial court awarded attorney's fees to Johnson using the lodestar method under Florida Statute § 73.092(2). FGT appealed, arguing the trial court should have used the benefits achieved method under § 73.092(1) because a valid written offer exi
• State v. Lockhart
  909 So. 2d 590· Fla. 5th DCA· 2005-09-02
  Florida's Department of Transportation appealed a trial court's award of attorney's fees to property owners in an eminent domain proceeding for costs incurred in litigating the amount of expert witness fees owed by the State. The court affirmed, holding that post-judgment cost pr
• LEE Cnty. v. Pierpont
  693 So. 2d 994· Fla. 2d DCA· 1997-01-24
  Lee County appeals an attorney's fees award in an eminent domain action, challenging whether statutory 'benefits achieved' should be calculated against the county's written settlement offer of $82,800 or the initial good faith estimate of $69,000. The appellate court reverses, ho
• Palm Beach Cnty. v. Inlet Bay Club, Inc.
  40 Fla. Supp. 78· Palm Beach Cty. Cir. Ct.· 1973-11-13
  The court awarded attorney's fees and costs to the defendant in an eminent domain proceeding where the taking was not proven necessary.